HomeMy WebLinkAboutSan Elijo Lagoon Conservancy; 2005-01-03;AGREEMENT FOR PAMPAS GRASS REMOVAL SERVICES
WITH THE SAN ELIJO LAGOON CONSERVANCY'S CARLSBAD
WATERSHED NETWORK INVASIVE SPECIES REMOVAL PROGRAM
FOR THE CARLSBAD CITY GOLF COURSE PROJECT
THIS AGREEMENT is made and entered into as of the 3,CJ day of
1- 20 CAY by and between the CITY OF CARLSBAD, a municipal corporation,
("City"), and t'he SAN ELIJO LAGOON CONSERVANCY, a California 501-3C Non-Profit
Organization , ("Contractor").
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RECITALS
A. City requires the professional services of a firm or group which is authorized and
permitted by all required Federal and State Regulatory Agencies to remove pampas grass and
other invasive species from watersheds, waterways, and or creeks within the boundaries of the
City of Carlsbad, California.
Contractor, through its sub-program, the Carlsbad Watershed Network Invasive
Species Removal Program, has the necessary experience in providing said professional services
to City.
Selection of Contractor is expected to achieve the desired results in an expedited
fashion.
Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
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B.
C.
D.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services")
that are defined in attached Exhibit "A dated November 22, 2004 which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
TERM 3- - The term of this Agreement will be effective for a period of one (1) year from the date first above
written. If required, the City Manager may amend the Agreement to extend it for one (1) additional
one (1) year period or parts thereof in an amount to be negotiated between the parties. Extensions
will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment indicating
the effective date and length of the extended Agreement, if applicable.
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4.
Time is of the essence for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed shall be on a time and materials basis not to
exceed fifty thousand dollars ($50,000). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. Incremental payments, if
applicable, should be made as outlined in attached Exhibit "A.
For the purposes of this Agreement, the following rates shall apply:
Supervisor $40 per hour
Sprayer / Applicator $25 per hour
Aquamaster $100 per I gallon (includes additives)
Roundup $75 per 1 gallon (includes additives)
Tractor Mounted Mulcher $1 00 per hour (Gearmore brand)
Tractor Mounted Mulcher $1,800 per day (BH 100 Secon)
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in
pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf of
Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30)
days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services other than those described in attached
Exhibit "A without prior written approval of City. If Contractor subcontracts any of the Services,
Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor
and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained in this
Agreement will create any contractual relationship between any subcontractor of Contractor and
City. Contractor will be responsible for payment of subcontractors. Contractor will bind every
subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and
approved in writing by City.
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8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9.
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorneys fees
arising out of the performance of the work described herein caused in whole or in part by any willful
misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
IN DE M N I F I CAT1 0 N
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damageto property which may arise out of or in
connection with performance of the services by Contractor or Contractor's agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted
and authorized to do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless City
Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not
constitute any limitations or cap on Contractor's indemnification obligations under this Agreement.
City, its officers, agents and employees make no representation that the limits of the insurance
specified to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor
will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole
expense.
10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement or
the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv (if the use of an automobile is involved for Contractor's
work for City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per
accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be
required if Contractor has no employees and provides, to City's satisfaction, a declaration stating
this.
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10.1.4 Professional Liability. For the purposes of this contract, the Professional
Liability insurance requirement is hereby waived by the City of Carlsbad.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by
certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies.
certificates and / or polices required herein along with the signed copy of this Agreement.
Contractor shall submit copies of all insurance
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time. Contractor shall submit a copy of the City
Business License along with the signed copy of this Agreement.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and any
other documents created pursuant to this Agreement. Contractor will allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to
this Agreement is the property of City. In the event this Agreement is terminated, all work product
produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement
will be delivered at once to City. Contractor will have the right to make one (1) copy of the work
product for Contractor's records.
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14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City: For Contractor:
Name: John J. Cahill Name: Doug Gibson
Title: Municipal Projects Manager Title: Executive Director
Department: Recreation
City of Carlsbad
Address: P. 0. Box 230634
Encinitas, California 92023
Address: 1200 Carlsbad Village Drive Phone No. : 760-434-5033
Carlsbad, California 92008
Phone No.: 760-602-2726
IEach party will notify the other immediately of any changes of address that would require any notice
or delivery to be directed to another address.
,16. CONFLICT OF INTEREST
(City will evaluate Contractor‘s duties pursuant to this Agreement to determine whether disclosure
iunder the Political Reform Act and City’s Conflict of Interest Code is required of Contractor or any of
Contractor’s employees, agents, or subcontractors. Should it be determined that disclosure is
required, Contractor or Contractor’s affected employees, agents, or subcontractors will complete and
file with the City Clerk those schedules specified by City and contained in the Statement of Economic
llnterests Form 700.
Contractor, for Contractor and on behalf of Contractor’s agents, employees, subcontractors and
consultants warrants that by execution of this Agreement, that they have no interest, present or
contemplated, in the projects affected by this Agreement. Contractor further warrants that neither
Contractor, nor Contractor’s agents, employees, subcontractors and consultants have any ancillary
ireal property, business interests or income that will be affected by this Agreement or, alternatively,
that Contractor will file with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
(Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance of
.the Services by Contractor. Contractor will at all times observe and comply with these laws,
(Ordinances, and regulations and will be responsible for the compliance of Contractor‘s services with
all applicable laws, ordinances and regulations.
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'Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and
'will comply with those requirements, including, but not limited to, verifying the eligibility for
(employment of all agents, employees, subcontractors and consultants that the services required by
,this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
#Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
(discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be
lused to resolve any questions of fact or interpretation not otherwise settled by agreement between
,the parties. Representatives of Contractor or City will reduce such questions, and their respective
views, to writing. A copy of such documented dispute will be forwarded to both parties involved along
with recommended methods of resolution, which would be of benefit to both parties. The
representative receiving the letter will reply to the letter along with a recommended method of
Iresolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the
laggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City
IManager will consider the facts and solutions recommended by each party and may then opt to direct
la solution to the problem. In such cases, the action of the City Manager will be binding upon the
iparties involved, although nothing in this procedure will prohibit the parties from seeking remedies
,available to them at law.
:20. TERM IN AT ION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
'terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated by
'this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
inotification of termination, Contractor has five (5) business days to deliver any documents owned by
(City and all work in progress to City address contained in this Agreement. City will make a
(determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and put
lit in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed
to the termination date; however, the total will not exceed the lump sum fee payable under this
Agreement. City will make the final determination as to the portions of tasks completed and the
(compensation to be made.
,21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than .- a bona fide employee working for Contractor, to solicit or secure this-Agreement, and that Contractor
has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this Agreement. For breach or violation of this warranty, City will have
,the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of the fee, commission, percentage,
brokerage fees, gift, or contingent fee.
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22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies
to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to
a public entity. These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of information. If City seeks to recover
penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an
administrative debarment proceeding as the result of which Contractor may be prevented to act as a
Contractor on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.
;23. JURISDICTIONS AND VENUE
,Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or
rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of
San Diego, State of California, and the parties waive all provisions of law providing for a change of
venue in these proceedings to any other county.
:24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
(and their respective successors. Neither this Agreement or any part of it nor any monies due or to
lbecome due under it may be assigned by Contractor without the prior consent of City, which shall not
lbe unreasonably withheld.
:25. ENTIRE AGREEMENT
'This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of
the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may
Ibe amended, modified, waived or discharged except in a writing signed by both parties.
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- 26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that thev have the legal power, right and actual authority to bind
Contractor to the terms and conditions if this Agreement.
CONTRACTOR I
*By. -3Zz A& 6
(print name/title) f
(e-mail address) EL/470&<?79@k7 L* cod
**By:
(sign Mre) U City Clerk
d @Sanel,',>. ova
(e-mail addre&
Notarial acknowledgment of execution by contractor shall not be required.
Corporation, Agreement must be signed by one corporate officer from each of
the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Deputy City Attbrney
City Attorney Approved Version M4.01.02
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CWN Invasive Species Program P.O. Box 230634 Encinitas, CA 92023-0634
760-427-2665
November 22,2004
Ken Price
John Cahill
City of Carlsbad Parks and Recreation Department
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Dear Mr. Price and Mr. Cahill,
Please find enclosed a proposal to abate the Pampas Grass (Corutderiu Sellounu) on City owned
lands shown in Attachment A. The Carlsbad Watershed Network's Invasive Species Removal Program
has received permission from the United States Fish and Wildlife Service (USFWS), the California
Department of Fish and Game (CDFG) and the California CoastaI Commission (CCC) to remove the
invasive species from the entire Carlsbad Hydrological Unit (0 (attachment (3). We would also like
the opportunity to assist the City of Carlsbad in abating the Pampas Grass on the city owned lands in
Attachment A. If the City of Carlsbad accepts this proposal, we would start immediately in order to
ensure the work is completed before March 1 st, 2004. Please contact me, at 760-803-4824, at your earliest
convenience to discuss this proposal. L Doug Gibson
Director
CWN ISP
Description of Work to be accomplished:
1. Foliar spraying of Pampas Grass (Cortuderiu sellouna): Herbicide application will be carried
out by a licensed and insured company, AgriChemical & Supply of Oceanside, California. A
crew of about ten workers using backpack sprayers will treat the pampas grass with glyphosate
herbicide. Only the pampas grass will be sprayed, no native vegetation will be treated. It is
estimated that there are approximately four acres of pampas grass and the spraying will take 4
to 5 days.
2. Approximately 2-3 months after herbicide application and before March lSt, 2004, the dead
Pampas Grass (Cortuderiu sellouna) will be mowed. A rubber-tired tractor with a mowing
implement will mow the majority of the pampas grass in place. For inaccessible areas, such as
uneven terrain or wet areas, laborers with chainsaws will cut the pampas grass and stack it in
previously mowed areas. The stacks will then be mowed. All dead biomass will be
mowedmulched on site, no biomass will be removed from the site. No biomass will be left in
the low-flow channel of the creek. The mulched pampas grass will help keep out ruderal
weeds such as mustard (Brassica spp.) and hemlock (Conium muculutum).
3. Carlsbad Watershed Network Invasive Species Program will be working under its permits (see
attachments C-D). All work will be monitored and supervised by a qualified and trained
biologist.
Cost: The Carlsbad Watershed Network's Invasive Species Removal Program will do the work as
described in this proposal for $50,000.
Attachments
Attachment A. ...................................................................Map of Pampas Grass Area to be Abated
Attachment B ............................................................................ Map of Carlsbad Hydrological Unit
Attachment C ........................................................... United States Fish and Wildlife Service Letter
Attachment D... ...................................................... California Department of Fish and Game Letter
Attachment E.. .................................................................................... .Coastal Development Permit
Attachment F.......................................,................,,........................,.....,...,.........Pr~fofI~urance
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United States Department of the Interior
Fish and Wildlife Service
Ecological Services
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road
In Reply Refer To:
FWS-SDG4085.1
Mr. Doug Gibson
Sa Elijo Lagoon Conservancy
P.O. Box 230634
Encinitas, CA. 92023
Carlsbad, California- 92009
SEP 2 7 2004
Re: Carlsbad Watershed Network's Invasive Species Control Program in the Carlsbad
Hydrologic Unit, San Diego County, California ;
Dear Mr. Gibson:
This 14tter is in response to your request for our concurrence, pursuant to the Endangered Species
Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), that the proposed Carlsbad Watershed
Network's Invasive Species Control Program (Program) is not likely to adversely affect the
federally endangered least Bell's vireo (Virea belliz pusillus; vireo); southwestern willow
l'lycatcher (Empidonax traillii extirnus; flycatcher); light-footed clapper rails (Rallus longirustris
levipes); and threatened coastal California gnatcatcher (Polioprila californica calijomica;
gnatcatcher) and its designated critical habitat. Our response is based on the information
provided in your October 2003 proposal for funds, a meeting with you and Mr. Jason Giessow on
July I, 2004, and our knowledge of sensitive species and their habitats in your project area.
The Program proposes to remove the most threatening non-native plant species [Arundo (Amndo
dona), Tamarisk (T~m~rix sp.), pampas grass (Curfaderia sp.), and palms (ex., Washingtonia
filloqera)] from over 250 acres of the Carlsbad Hyrdologic Unit (CHU). Additionally, all
attempts will be made to control other plants listed on the California Invasive Plant Council's A-
1 Lst of widespread invasive pest plants, The CHU is a "drainage group" (Brownlie and Taylor
1981) that is comprised of the Lorna Alta, Buena Vista, Agua Hedionda, Encinas, San Marcos,
Cottonwood, and Escondido Creek (including San Elijo Lagoon) watersheds located in north San
Diego County. The primary goals of the fiveyear program include: making significant progress
in re-establishing the hydrologic and ecological functions of the riparian and coastal wetland
habitats within the CHU; contributing significantly to the public's understanding of detrimental
effects of exotic invasive species; and facilitating a long-term invasive species management plan
for the CWU. The majority of work will occur within riparian corridors, though uplands may
have to be entered to treat pampas grass.
Mr. Gibson (FWS-SDG-4085.1) 2
The methods used for ths project will include herbicide treatment andor mowing, depending on
the targeted species and its location within the CHU. No native vegetation will be treated or
mowed as a result of this project, except during the treatment of perennial pepperweed (Lepidiurn
Eutguliurn)(as discussed below). In addition, native vegetation less than three inches in diameter
may be trimmed when necessary to isolate non-native vegetation to be treated. Dead invasive
biomass will be left standmg to decompose naturally or cut by hand. Exceptions to this method
are areas where some of the vegetation occurs in relatively dense stands. In these dense stands,
vegetation will be mowed and chipped into mulch using a rubber-tire tractor and a drum chipper.
Remnant stalks will be treated with Rodeo herbicide and mulched material will be chpped to a
size sufficient to prevent resprouting. Work will be performed from September 16 to March 14
in riparian areas and from September 1 to February 14 in upland habitats, to avoid impacts to
breeding birds, except during the treatment of Lepidium Zatifoliurn (as discussed below). In
addtion, treatment of non-native species (e.g,, pampas grass) may occur in CSS during the bird
breeding season only in areas not occupied by gnatcatchers, and/or where no birds are nesting or
nesting has been completed.
Although perennial pepperweed exists in a small percent of the CHU, mainly in San Elijo
LagoonBscondido Creek, the California Department of Fish and Game has put this plant at the
top of their pnority removal list for San Diego County. This invasive species typically grows
intertwined with native vegetation. Where this is the case, spraying of perennial pepperweed will
result in minor impacts tu saltmarsh, remnant saltmarsh, freshwater marsh and riparian habitats.
These unavoidable impacts are necessary to eliminate this species and protect wetland habitat,
and will be temporary and minimized through careful application.
Research has determined the most effective phenological stage to apply systemic herbicides to
perennial pepperweed is the flowerbud to early flowering stage (Young et al., 1998), which
coincides with the bird breedng season. Therefore, treatment of perennial pepperweed may
affect light-footed clapper rail in San Eiijo Lagoon/Escon&do Creek during its breeding season.
Treatment of non-native species (e.g., pampas grass) may occur within CSS occupied by the
gnatcatcher, which is a resident species. However, this work is not expected to adversely affect
gnatcatchers because it would mostly occur outside the gnatcatcher breeding season, and
gnatcatchers are not dependent upon such non-native plant species for survival and are not likely
to inhabit areas with dense stands of non-native plants. As stated above, work in CSS during the
breeding season will only be allowed in was not occupied by the gnatcatcher, andor where no
birds are nesting or nesting has been completed.
Sites that are large and dense enough to be treated and mowed will also be replanted with native
vegetation. Areas with scattered non-natives that are not moved, or very small stands that are
mowed but which have over 80 percent native cover will not be re-planted. An on site biolog~st
will supervise planting, which is to be completed by March 14,
Planting will be with 1 gallon container plants, except in areas with wet substrate where 2 inch
liners are used, Plant spacing will be 12 to 15 feet. The species to be used include: Trees-
Mr. Gibson (EWS-SDG-4085.1) 3
sycamore, cottonwood, willows, and some oak; Shb- mulefat, toyon, elderberry; and
Understory- mugwort, rose, grape, and blackberry. Plants will be grown From cuttings or seed
collected from the CHU. In areas with tree overstory, the planting pallet is limited to only shrubs
and groundcover while the full range of plants will be used in open areas.
All planting will be done by hand with shovels. No mechanized equipment will be used. Plants
will be dismbuted on the site by a crew of two to three people and three to five people dig holes,
pre-water with 2 gallons of water, plant and then re-water with 1 gallon of water. No additional
watering will be needed unless unusual site conditions or weather exist.
Maintenance will occur about once a month from March 16 to September 15 after the sites have
been treated, mowed and planted. Crews will vary from two to fo& people. All work will be in
open mowed and re-planted areas and no entry into stands of native vegetation occurs. Crews
will access sites along preexisting routes and will be on foot when in the treatment sites.
Maintenance activities will include watering native plants in select areas where conditions are
difficult (typically under 10 percent of the treatment area), hand weedmg around plants, and
some spot herbicide treatments of ruderal weeds and resprouting non-natives around native
planrings. Crews will only need a few hours to check status of plants and carry-out maintenance.
All crews will maintain a minimum distance of 15 feet from established native woody Vegetation
on edges of the mowed area.
Limited re-treatment may be necessary after initial treatment. Any necessary re-treatments would
occur from September 16 to December 30, although some spot treatments may occw from March
I to 15. Re-treatment will use the same foliar application method as the initial treatment except
crews will use pack-pack sprayers and all wark will be on foot. ATVs may be used to transport
rmxed chemical from stagng areas to crews in the field. Re-treatment of sites is typically a fast
process as little re-sprouting non-natives are present and generally no “prepping” is needed. A
crew of eight can re-treat over 30 acres of previously treated non-natives in one day (0.5 to 1 mile
of river course length).
Second year re-treatments are expected to take 1 to 2 weeks to cover an entire previous year’s
initial treatment area. Re-treatment occurs again in year three at an even faster pace. Most time
will be spent walkmg and searching the sites on foot for resprouting non-natives. Re-treatments
will then skip years to allow any remaining non-natives to grow large enough to see and to
maintain program efficiency.
Conservation Measures
The proposed action includes the following conservation measures which will be implemented to
avoid potential adverse effects of the action on federally listed species:
1. Application of herbicides will be strictly controlled by using herbicides currently
approved by the U.S. Environmental Protection Agency for use in wetlands, and no
Mr. Gibson (FWS-SDG-4085.1) 4
herbicide will be applied to native vegetation. This includes any surfactants that are used
during application.
Herbicide will be tinted with a biodegradable dye to facilitate visual control of spray.
Herbicide application will be accomplished by licensed contractors.
Disposal of any materials, wastes, effluent trash, garbage, oil, grease, chemicals, etc ...,
will be done in accordance with Federal, State, and local regulations.
Erodible fill material will not be deposited into water courses. Brush, loose soil, or other
debris will not be stockpiled within the stream channel or on its banks; rather, these
materials will be stockpiled only in existing roadways or other developed areas.
Work will not take place when it may cause degradation of water quality downstream.
Fueling and repairs of equipment will take place in upland stagmg areas that are adjacent
to roadways to avoid potential contamination of any waterways.
Ali initial vegetation treatment activities (prepping and spraying of herbicide, trimming of
native vegetation less than 3 inches diameter and biomass reduction} and planting of
treated areas will occur from September 16 to March 14 in riparian areas, and from
September 1 to February 14 in upland areas, to avoid impacts to listed and otherwise
sensitive species, including gnatcatcher, vireo and flycatcher, during the nestinflreeding
season.
Whenever treatment of (a) Lepidium l~tifolium is necessary in San Elijo
LagoodEscondido Creek; or (b) non-natives in upland areas; during the nestinglbreedmg
season, a quahfied biologist will conduct three surveys (one week before treatment, one
day before treatment, and the morning of treatment) for light-footed clapper rails (in San
Elijo Lagooflsconhdo Creek), gnatcatchers (in upland areas), and other bird species (all
locations) in treatment areas. Any bird nests that are i&ntified during these surveys, will
be flagged, avoided during project-related work, and revisited when nests are no longer
active. If any light-footed clapper rail, gnatcatchers andor their nests, or other nesting
birds, are detected in an area to be treated, the biologist will stop all treatment activities
within 50 feet of the detected species andor nests and immediately contact the Service.
Maintenance activities may not resume in these areas until measures to avoid all impacts
to light-footed clapper rail, gnatcatcher andor other nesting birds are developed in
coordnatjon with the Service. The biologist will ensure that all such measures are
implemented when maintenance activities resume. If measures to avoid all potential
impacts to the light-footed clapper rail or gnatcatcher cannot be implemented, all work
that could impact the light-footed clapper rail or gnatcatcher will be stopped until
completion of formal consultation under the Act.
MI. Gibson (FWS-SDG-4085.1) 5
9.
10.
11.
12.
13.
14.
15.
16.
Maintenance activities in the treated and planted'areas may occur between March 16h and
September 14*, but crews will be limited to no more then four individuals, one of which
must be a biologist. Maintenance activities will include: hand pulling weeds, spraying
weeds with backpack sprayers, and watering of native plantings. Crews will only operate
within mowed areas and must maintain a distance of at least 15 feet from established
woody vegetation. Maintenance activities will be as infrequent and brief as possible. A
qualified biologist will oversee all maintenance activities and monitor maintenance areas
for light-footed clapper rail, gnatcatcher, vireo, flycatcher and other nesting birds. If any
light-footed clapper rail, gnatcatcher, vireo, flycatcher, andor other nesting birds are
detected, the biologist will stop all maintenance activities within 50 feet of the detected
species and immediately contact the Service. Maintenance activities may not resume in
these areas until measures to avoid all impacts to light-footed clapper rail, gnatcatcher,
vireo, tlycatcher and/or other nesting birds are developed in coordination with the
Service. The biologst will ensure that all such measures are implemented when
maintenance activities resume.
The constructiordproject area will be the minimal area necessary to complete the project.
No work will occur during rain events.
All movement of personnel, including ingress and egress of equipment and personnel,
will be limited to designated staging areas, access points and access routes. Staging areas
will only be established in compacted and degraded areas, preferably near access points
when site conditions allow. Access points will be located at pre-existing rampdroads,
seas where target invasive plants are adjacent to roads, or in areas that are degraded
andor have compacted soil. No grading or soil movement will occur to establish staging
areas, access points and access routes. A map of all staging areas and access points will
be submitted to the Service for approval prior to initiating work in the adjacent areas.
All access routes will be no wider than 9 feet, which is the minimum width necessary for
vehicles to drive between staging areas and target stands of vegetation. Access routes
will be established in areas under the following progression: compacted disturbed areas,
non-native vegetated areas, open un-vegetated areas, and finally if no alternative exists,
through scrub areas. Scrub areas will not be cut, only passed over, by tractors with their
mowing implements turned off. No native trees will be removed to allow the
establishment of access routes.
No un-necessary noise generation will occur on site (radios, etc ...).
No smoking will be allowed in the project area to prevent fires whch would impact
habitat and wildlife.
All vehicles (tractors, trucks, cars, ATVs etc ...) will not exceed 15 mph or drive at speeds
that generate dust.
Mr. Gibson (FWS-SDG-4035.1) 6
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
For the entire project site and immediate vicinity, project activities will be limited to
hours after local sunrise and before local sunset, and no artificial lighting, which may
disturb wildlife, will be used.
To avoid attracting predators, the project site will be kept as clean of debris as possible.
All food related trash items will be enclosed in sealed containers and regularly removed
from the site.
Pets of project personnel will not be allowed on the project site.
Tractors used for mowing will have soft tires with minimal tread, and a wide wheel base
to better distribute tractor weight and reduce soil disturbance. All tractors, spotters, and
biologists will have 2-way radios to facilitate communication.
To minimize impacts, tractor moving blades will only be used within the non-native
stands.
No mowing will occur within the stream channel.
To reduce clriving between treated stands of non-native vegetation; small isolated patches
of non-natives will be treated and left to decay or be hand cut. All hand cut non-natives
from small isolated patches will be added to areas to be mowed.
No mulched material will be placed within the stream channel, and all mulched material
will be spread only within the limits of mowing.
A qualified biologist will conduct a training session for all project personnel prior to
proposed activities. At a minimum, the training will include a description of the light-
footed clapper rail, gnatcatcher, vireo, flycatcher and their habitats, the general provisions
of the Act, the need to adhere to the provision of the Act, the penalties associated with
violating the Act, the general measures that are being implemented to conserve the listed
species as they relate to the project, and constructiodproject site boundaries.
The Carlsbad Watershed Network will submit, in writing, the names, any permit
numbers, resumes, and at least three references (of people who are familiar with the
relevant qualifications o€ the proposed biologst), of the project biologist(s). This
information will be submitted to the Service for approval at least 15 days prior to the
initiation of the project. Proposed activities will not begin until an authorized biologst
has been approved by the Service.
The project biologist(s) will visit the work site periodically throughout the duration of the
project to ensure that all conservation measures are being implemented. The project
biologist(s) will have the authority to halt work activity andlor move activities to a new
Mr. Gibson (FWS-SDG-4085.1) 7
location, if necessary, and to confer with staff from the Service to ensure proper
implementation of species and habitat protection measures.
28. The project area will be inspected annually by the project biologist(s) for the presence of
non-native plant regrowth, which will be re-treated with an approved herbicide. Most re-
treatments will occur from September 15 to December 30, although some spot treatments
may occur from March 1 to 15. Retreatments may occur earlier that September 15 if a
qualified biologist documents to the satisfaction of the Service that no listed or otherwise
sensitive species are present in the areas to be re-treated. All re-treatments will be done
on foot using backpack sprayers. ATVs may be used to transport mixed chemical from
staging areas to crews in the field. Re-treatments will occur each year until there are
infrequent signs of re-growth, and then areas will be surveyed and re-treated every two to
three years.
29. A report documenting that the Project is in compliance with the conservation measures
gven in this biolopcal opinion will be submitted to the Service by May 1 annually, until
completion of the project.
The Service has determined that implementation of this project, as described above, is not likely
to adversely affect federally listed species nor designated or proposed critical habitat. We
appreciate your efforts to comply with Federal regulations and to conserve and protect listed
species. If you have any questions regarding this letter, please contact Ben Frater at (760) 431-
9440.
Brownlie, W.R. ant
Sincerely, -
Assistant Field Supervisor
US, Fish and Wildlife Service
Taylor, B.D., 1981. Sediment Manu ernent for the Southern California Mountains, :oastal Plains, and Shureline, Part if! : Coastal Sediment Delivery by Major Rivers in Southern Cali umia. California lnstitute of Technology, Environmental Quality Lab Report No. 17-C, # ebruary 1981.
Young, J.A., Palmquist, D.E., and Blank, R. 1998. The ecology and control of perennial pepperweed
(Lepidiurn larfolium L.). Weed Technology, 12402-405.
- - ST84TE OF CALIFORNIA-THE RESOURCES AGENCY
Governor
ARNOLD SCHWARZENEGGER, -- --
DEPARTMENT OF FISH AND GAME
couth Coast Region
Sain Diego, California 921 23
(858) 467-4201
349 Viewridge Avenue
FAX (858) 467-4235
October 15,2004
Doug Gibson
San Elijo Lagoon Conservancy
on behalf of the
Carlsbad Watershed Network
P.O. Box 230634
Encinitas, CA 92023
RE: Restoration of Ripari-etland Habitat within the Carlsbad Hydrologic Unit (H.U. 145904.00) Project,
Streambed Alteration Agreement #1600-2004-036 1 -R5
Dear Mr. Gibson:
Enclosed is Streambed Alteration Agreement #1600-2004-0361-R5 that authorizes work on the Project within Lorna Alta Creek, tributarv to the Pacific Ocean: Buena Vista Creek, tributary to Buena Vista Lagoon; Agua Hedionda Creek, tributary to Agua Hedionda Lagoon: Encinas Creek, tributarv to the Pacific Ocean: Cottonwood Creek tributary to the Pacific Ocean: Encinitas Creek and San Marcos Creek, tributaries to Batiauitos Lanoon; Copper Creek and Reidv Creek, tributaries to Escondido Creek; La Orilla Creek and Escondido Creek, tributaries to San Eliio Laaoon in San Diego, San Diego County. This action is authorized under Section 1600 of the Fish and Game Code and has been approved by the California Department of Fish and Game. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Department filed a Notice of Exemption (NOE) on the project
on c>J- o/!- 1%- W'q comments on the pfoject may be submitted.
. Under CEQA regulations, the project has a 35-day period in which
The Department believes that the project fully meets the requirements of the Fish and Game Code and CEQA. However, if comments on the NOE are received during the comment period, then an
additional review or even modification of the project may be required. If no comments are received
during the 35-day period, then any subsequent comments need not be responded to. This information is
provided to you so that if you choose to undertake the project prior to the close of the 35-day period, you
do so with the knowledge that additional actions may be required based on the pertinence of the comments.
Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the
Streambed Alteration Agreement.
@k.F. Raysbrook Regional Manager
Enclosure
CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego, California 92123
Notification No. 1600-2004-0361 -R5
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into betwen the State of California, Department of Fish and Game, hereinafter called the Department, and Mr. Douglas R. Gibson, Executive Director of the San Eliio Laqoon Conservancvrepresentina the Carlsbad Watershed Nehrk, P.O. Box 230634, Encinitas. CA 92023, (760M36-3944,State of California , hereinafter called the Operator, is as follows:
WHEREAS, pursuant to Section 1602 of California Fish and Game Code, the Operator, on the 24th day of Auuust, 2004, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of or use material from the streambed(s) of, the following water(s):Loma Alta Creek, tributarv to the Pacific Ocean: Buena Vista Creek, tributaryto Buena Vista Lagoon: Agua Hedionda Creek, tributary to Agua Hedionda Lanoon: Encinas Creek, tributawto the Pacific Ocean: Cottonwood Creek tributaryto the Pacific Ocean: Encinitas Creek and San Marcos Creek, tributaries to Batiauitos Laaoon:Cotmer Creek and ReidvCreek, tributaries to Escondido Creek: La Orilla Creek and Escondido Creek, tributaries to San Eliio Lagoon in San Diego County, California, Section- Township- Range-.
WHEREAS, the Department, represented by Tamara Spear, has determined that such operations may substantially adversely affect those existing fish and wildlife resources within the streambed of Lorna Alta Creek, tributaw to the Pacific Ocean; Buena Vista Creek, tributary to Buena Vista Lagoon: Aqua Hedionda Creek, tributaryto Agua Hedionda Lagoon: Encinas Creek. tributaryto the Pacific Ocean: Cottonwood Creek tributaw to the Pacific Ocean: Encinitas Creek and San Marcos Creek, tributaries to Batiquitos Lanoon; Copper Creek and ReidvCreek, tributaries to Escondido Creek;La Orilla Creek and Escondido Creek, tributaries to San Eliio Lagoon specifically identified as follows: Sensitive wildlife such as least Bell's vireo (Vireo bellii b us ill us). white- tailed kite (Elanus caeruleus). southwestern willow flycatcher (Empidonax trailii extims), liuht-footed clamer rail Rallus lonqirostris levipes), coastal California gnatcatcher (Polioptila californica californica), western snowy plover (Charadrius alexandrinus nivosus). Califjrnia least tern (Sterna antillarum browni). California brown Pelican (Pelecanus occidentalis californicus), Belding's savannah sparrow vellow warbler (Dendroica petechia). yellow- breasted chat (lcteria virens). Cooper's hank (Acciroiter cooroeri). and sensitive plant species such as San Dieuo saaewrt (Artemesia palmeri), San Dieao marsh-elder, povertyweed llva havesiana) and southwestern sPiny rush (Juncus acutus var. Leorooldii). These plants and wildlife are associated with coastal strand, salt marsh, freshwater marsh, mule fat scrub, southern willow scrub, oDen channel, eucalwtus woodland and disturbed wtland and surroundina coastal saae scrub and chaDarral.
resources during the Operator's wrk. The Operator herebyagrees to accept the Cbllowing measureskonditions as part ofthe proposed wrk.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife
If the Operator's wrk changes from that stated in the notification specified above, this Agreement is no longer valid and a newnotification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limted to Fish and Game Code
Page 1 of 6
STREAMBED ALTERATION AGREEMENT #I 600-2004-O361 -R5
Sections 5650, 5652, 5937, and 5948, my result in prosecution.
Nothing in this Agreement authorizs the Operator to trespass on anyland or property, nor does it relieve the Operator ofresponsibility for compliance with applicable federal, state, or local law or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies.
This Aareement becomes effective the date of DeDartment's siqnature and terminates March 15. 2007 br proiect construction only This Aqreement shall remain in effect for that time necessary to satisfv the terms/conditions of this Aqreement.
1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq.
Proiect Location and Description:
2. The Operator proposes to alter the streambed of Copper Creek and ReidvCreek, tributaries to Escondido Creek: La Orilla Creek and Escondido Creek, tributaries to San Eliio Lanoon: Encinitas Creek and San Marcos Creek. tributaries to Batiauitos Laqoon: Anua Hedionda Creek, tributaryto Awa Hedionda Lanoon: Buena Vista Creek, tributary to Buena Vista Lanoon: Cottonwood Creek. Encinas Creek and Lorna Alta Creek, tributaries to the Pacific Ocean to accommodate the Restoration of RiparianMletland Habitat within the Carlsbad Hydrologic Unit (H.U. 145904.00) Project. The focus of the Project is to remove exotic species within the Carlsbad Hydrologic Unit. lnvasivelexotic plant species to be removed include, but are not limited to, arundo (Amndo donax), tamarisk (Tamarix sp.), pampas grass (Cortaderia sp.),
invasive palms, pepperweed (Lepidiurn latifoliurn), and castor bean. Treatment of the invasive plant species with foliar application will occur in the Fall, after September 15th. Over the next few months, biomass reduction of the treated invasive plant species will occur and by late January through early March the treated area will be mowed and replanted. In cases of scattered invasives that are not cut, or very small stands, the area will not be replanted but left to allow native vegetation to reestablish on its own. The project area is located within the Carlsbad Hydrologic Unit comprised of seven watersheds (as listed above) in northern San Diego County.
3. The agreed work includes activities associated with No. 2 above. The project area is located in Lorna Alta Creek, tributarvto the Pacific Ocean: Buena Vista Creek, tributary to Buena Vista Lagoon: Agua Hedionda Creek. tributaryto Aqua Hedionda Lagoon: Encinas Creek. tributawto the Pacific Ocean: Cottonwood Creek tributarvto the Pacific Ocean: Encinitas Creek and San Marcos Creek, tributaries to Batiauitos Lagoon: Comer Creek and ReidvCreek, tributaries to Escondido Creek: La Orilla Creek and Escondido Creek, tributaries to San Eliio Lagoonin San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement.
4. This Streambed Alteration Agreement is for the Operator to coordinate and/or oversee an exotic plant removal program as described in the submitted documents. The work shall be implemented through contracts with public and/or private licensed herbicide applicators. The Operator shall be responsible for, and shall oversee the work done by
Page2of 6
STREAMBED ALTERATION AGREEMENT #I 600-2004-0361 -R5
these entities to ensure that the conditions in this Streambed Alteration Agreement are followed.
Impacts/Mitination:
5. No native riparian habitat shall be impacted as a result of the proposed project.
6. An annual report shall be submitted to the Department by May 1 of each year for the duration of the Project. The report shall include a map of the area treated, the number of acres removed, treated, and re-treated, disposal specifics, the effects of leaving mulched biomass in place and a summary of the general successes and failures of the program. Photos from designated photo stations shall also be included.
Vegetation. Revegetation and Restoration:
7. The Operator shall submit a revegetation planting palette for Department review and approval prior to installation.
8. All planting should be done between October 1 and April 30 to take advantage of the
winter rainy season.
Biolocrical Surveys and Time Restrictions:
9. The Operator shall not remove vegetation within the stream from March 15 to September I5 to avoid impacts to nesting birds.
Exotic Species Removal and Pesticide Use:
IO. Native vegetation shall be adequately flagged by a qualified biologist to prevent its disturbance during the enhancement activities.
11. As described in the Project Notification Package, the reduced biomass from the treated invasive plants will be mowed into mulch and left within the original footprint of the
invasive plant treated area. Although a certain amount of “mulch” is probably desirable to reduce erosion, the Operator shall monitor the treated areas to make sure the mulch is not greater than six to eight inches thick. Mulch over six to eight thick shall be removed and disposed of off-site by the Operator in a legal manner. The excess mulch is not to be spread on-site in upland areas.
12. All herbicide use conditions for mixing, application and clean-up shall conform to all applicable federal, State, and local regulations. Nothing in this Agreement represents a pesticide use recommendation that allows for an action that conflicts with pesticide use regulations.
13. Pesticide mixing sites shall only be located at existing road site locations. Only areas devoid of vegetation shall be used as a mixing site.
14. Any application of herbicide shall be done by a licensed or certified applicator in accordance with all applicable federal, State and local laws.
15. Backpack sprayers shall be used in all situations where the exotic plants are growing in small clumps interspersed with the native vegetation and in those situations where truck or ATV access is limited or impossible.
Page 3 of 6
STREAMBED ALTERATION AGREEMENT #I 600-2004-0361 -R5
16. The mitigation activities shall be conducted in such a manner to minimize overspray of herbicide onto adjacent native vegetation.
17. A small amount of selective trimming of native species (e.g. willow, oak and sycamore) may occur to prevent overspray from reaching these branches, but only within the conditions of the Streambed Alteration Agreement. Native vegetation may only be
trimmed; it shall not be removed. Material in excess of three (3) inches DBH shall
require specific notice to and consultation with the Department.
Habitat Protection:
18. No alteration of the streambed, bank or channel shall occur, except as otherwise permitted in this Agreement. The removal of soil, native riparian vegetation, and native riparian vegetative debris from the streambed or stream banks is prohibited. The Operator may remove all human generated debris, such as lawn and farm cuttings, garbage and trash.
19. The Operator shall have a qualified biologist on-site daily during any impacts to vegetation to ensure no impacts occur to adjacent vireo and/or arroyo toad habitat.
20. The Operator, or qualified biologist shall be present and/or examine the site and
mark with flagging any native vegetation to be trimmed to ensure impacts are within the terms and conditions of this Agreement.
21. No direct or indirect impacts shall occur to any threatened or endangered species. If any threatened or endangered species could be impacted by the work proposed, the Operator shall obtain the required state and federal threatened and endangered species permits.
Equipment and Access:
22. Staginglstorage areas for equipment and materials shall be located outside of the stream.
23. No bulldozers or other streambed altering equipment shall be used on this project. Mowers and chainsaws may be used to reduce biomass as described in the streambed notification.
24. No vehicles shall be operated within the stream except as follows: Vehicles may be used to carry equipment; all vehicles shall use existing roads for access to the sites; truck-based sprayers may be used only where existing roads are adjacent to exotic species and where exotic plants are growing in large clumps with no native vegetation adjacent; and small soft rubber-tired ATV's may be used where existing road access is not available; provided that such AWs can access the central channel without entering wetland areas or damaging native vegetation. Native vegetation shall NOT be impacted
by any vehicle use.
25. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow.
Pollution, Sedimentation and Litter:
Page 4 of 6
STREAMBED ALTERATION AGREEMENT #1600-2004-0361 -R5
26. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into water of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake.
27. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Operator to ensure compliance.
28. Spoil sites shall not be located within a stream where spoil could be washed back into a stream, or where it could cover aquatic or riparian vegetation.
Other:
29. The Operator shall provide a copy of this Agreement to all contractors,
subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand.
30. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement.
31. The Operator shall notify the Department, in writing, at least five (5) days prior to
initiation of (project) activities identifying current treatment areas on a map along
with the names of property owners. Notification shall be sent to the Department at
4949 Viewridge Avenue, San Diego, CA 921 23 Attn: Tamara A. Spear
32. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability andlor incurred cost
related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages.
33. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment.
34. The Operator may request one extension of this agreement prior to its termination,
Page 5 of 6
STREAMBED ALTERATION AGREEMENT #1600-20044361 -R5
subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address. If the Operator fails to request the extension prior to the agreement's termination, then the Operator shall submit a new notification with fees and required information to the Department. Any activities conducted under an expired agreement are a violation of Fish and Game Code Section
1600 et. seq.
35. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect.
CONCURRENCE
Carlsbad Watershed Network California Dept. of Fish and Game
Douqlas R. Gibson, Executive Director of fl'
the San Eliio Laqoon Conservancv C.F. Ravsbrook. Reqional Manaqer (title) (title)
Page 6 of 6
.STATE OF CALlFORNlA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
rJ DIEGO AREA
15 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO. CA 921084402
(619) 767-2370
EXEMPTION LETTER
DATE: November 11,2004
NAME: San Eliio Lagoon Conservancy/Doug Gibson
P.O.Box 230634
Encinitas, CA 92024
LOCATION:
Commission’s iurisdiction
Lagoons and stream corridors in Coastal Zone areas within the Coastal
PROJECT: Restoration of ripariadwetland habitat in coastal udands and lowlands.
Control of invasive non-native plants to increase native habitat functionhahe and
improve water quality. Foliar sprayina with herbicides, cut stump treatments and
revegetation with natives is proposed; 110 native plants will be removed nor soil disturbed.
Breeding season avoidance will be complied with during all activities. Mechanized
construction equipment or placement of solid materials within an environmentally
sensitive area, within 50 feet of the edge of a coastal bluff or within 20 feet of coastal
waters or streams is not exempt and such work must be permitted bv a coastal
development permit.
This is to certify that this location and/or proposed project has been reviewed by the staff
of the Coastal Commission. A coastal development permit is not necessary for the
reasons checked below.
The site is not located within the coastal zone as established by the California Coastal
Act of 1976, as amended.
The proposed development is included in Categorical Exclusion No.
adopted by the California Coastal Commission.
The proposed development is judged to be repair or maintenance activity not resulting
in an addition to or enlargement or expansion of the object of such activities (Section
30610(d) of the Coastal Act).
0 The proposed development is an improvement to an existing single-family residence
(Section 306 1 O(a) of the Coastal Act) and not located in the area between the sea and
the first public road or within 300 feet of the inland extent of any beach (whichever is
greater) (Section 13250(b)(4) of the 14 Cal. Admin. Code.
(over)
Page 2
0 The proposed development is an improvement to an existing single-family residence
and is located in the area between the sea and the first public road or within 300 feet
of the inland extent of any beach (whichever is greater) but is not a) an increase of
10% or more of internal floor area, b) an increase in height over lo%, or c) a
significant non-attached structure (Sections 306 1 O(a) of the Coastal Act and Section
13250(b)(4) of Administrative Regulations).
The proposed development is an interior modification to an existing use with no
change in the density or intensity of use (Section 30106 of the Coastal Act).
0 The proposed development involves the installation, testing and placement in service
of a necessary utility connection between an existing service facility and development
approved in accordance with coastal development permit requirements, pursuant to
Coastal Act Section 30610(f).
0 The proposed development is an improvement to a structure other than a singie-
family residence or public works facility and is not subject to a permit requirement
(Section 13253 of Administrative Regulations).
0 The proposed development is the rebuilding of a structure, other than a public works
facility, destroyed by natural disaster. The replacement conforms to all of the
requirements of Coastal Act Section 30610(g).
0 Other:
Please be advised that only the project described above is exempt from the permit
requirements of the Coastal Act. Any change in the above project may cause it to lose its
exempt status. This certification is based on information provided by the recipient of this
letter. If, at a later date, this information is found to be incorrect or incomplete, this letter
will become invalid, and any development occurring at that time must cease until a
coastal development permit is obtained.
Truly yours,
Title: Coastal Planner
(949)622-5 517 FAX (9491622 - 5518 CSM Insurance Services
19i!OO Von Karman Ave. #400
ic. #OD15612
Prvine, CA 92612 I
Agri Chemical & Supply, Inc.
2002 Oceanside Boulevard
Oceanside, OI 92054
THIS CERTIFICATE IS ISSUED AS A MAll'ER~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC t
1MU-A American Int'l Specialty Lines
JNSUmB Comnerce & Industry Ins. Co.
INSURERC I
(26883
I19410
I INSURER D:
INSURER E: I I
COVERAGES
THlE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlWSTANDlNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEM WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOlTlONS OF SUCH r POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE0 BY PAID CCAIMS.
TYPE OF INSURANCE I POUCY NUMBER DATE lMM/Oonv) 04/30/2004
GEN'L AGGREGATE LIMIT APPLES PER:
LOC
AUTOMOBILE WUN 079-1284 04/30/2004
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
i
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND EMPLOYERS' UABlLnY
ANY PROPfUETORIPARTNERlMUTlVE OFFICEI'WEMEER EXCLUDED7
ll yes. dmh under SPECUU. PROVISIONS below
OTHER 195-310 kntractor ' s Pol 1 ution 04/30/2094
I I OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENWRSEMW I SPECIAL PR e general liability policy includes State Water Resources Coi
7R&3iAwm- 04/30/2005
04/30/2005 COMBINED WGLE UMIT
1 000,000 (Ea aaldent)
(psrpsrppn)
aowy INJURY
PR0PEm-Y DAUAGE s
5 BODILY INJURY
t (Per acdlenl)
(Per acddenll
AUTO ONLY - EA ACClDEHT S
I I
EACH OCCURRENCE t
$3,000,000 total all losses
egalrd to work performed by or on behalf of the Named Insured where required by written contract.
e: Grant agreement 04-083-559-0
Exc:ept 10 day notice for non-payment of premium. 1 TICATE HOLDER CANCELLATION
SHOULDANYOFTHEABOVEDESCRIBED POUaES EEWCELLMB~THE
EXflRATION DA'E THEREOF, THE ISSUING USSURER mU ENDEAVOR 70 MAJL
i
I I State Water Resources Control Board
Attn: 3anie Hitsuhashi 1001 "I" Street 16th Floor Sacramento, CA 95184 L ACORD 25 (2001108)
=DAYS WRlTTEN NOTICE TO THE CERnFlCAlE HOUER NAMED TO lHE LEFT.
BUT FAILURE TO WL SUCH NOTICE swu IYLPOSE NO otutmnw OR
OF ANY KIND UPON THE INSURER, IT9 AGWTS OR REpREsMAnVw
AUTHORIZED REPRESWTAtlVE
~ORD CORPORATION 188s